The Arkansas Senate balked Monday at overriding Gov. Asa Hutchinson's veto of legislation that would bar Alcoholic Beverage Control and its enforcement division from enforcing laws relating to gaming or gambling devices.
The Senate's action came before the Legislature adjourned its 86-day regular session Monday afternoon. Shortly thereafter, the chambers convened in a special session.
Sen. Scott Flippo, R-Mountain Home, fell three votes short of the 18 votes required in the Senate to override the Republican governor's veto of his Senate Bill 496. The Senate voted 15-14 on Flippo's motion to override.
Overriding a veto requires a majority vote in both the 35-member Senate and 100-member House of Representatives. SB496 cleared the Senate in a 24-5 vote March 15 and the House in a 53-22 vote March 28. Hutchinson vetoed the bill April 4.
After the vote Monday, Flippo said he's disappointed that the Senate declined to override.
"I believe that the enforcement of these laws should be left to local prosecutors and law enforcement, where it is in the vast majority in the state," he said. "The state will tell you that there are bad actors with these amusement machines and vending machines and that's who they are going after, and they're right. There are bad actors.
"However, the folks that they went after in Baxter, Marion and Boone county ... weren't bad actors. Those were good folks that were raising money for their local communities and the state got the hammer on them," Flippo said. These amusement machines don't pay out cash prizes and instead pay out in tickets or credits to redeem them for things except for beer and tobacco, he said.
Hutchinson said Monday in a written statement, "I appreciate the support of the senate in sustaining the veto.
"My concern regarding this bill was that it would have been one of the few times that we pass a law telling an enforcement agency not to enforce the law, and I think the senate agreed with that concern," he said.
Last month, Hutchinson said he vetoed SB496 because "the action prescribed by the bill is an infringement on the executive's power to enforce the laws enacted by the General Assembly.
"Should the Legislature wish to make changes to Arkansas' gambling laws, then addressing those specific code sections would be the appropriate measure," Hutchinson said in his veto letter. "Rather, with this bill, the legislative branch has singled out a single enforcement agency in an effort to prevent the executive branch from enforcing existing criminal laws.
"While I respect Senator Flippo's intent to respond to issues raised by his constituents, prohibiting executive enforcement of laws enacted by the General Assembly is not the proper method to address these concerns," the governor said in his veto letter.
A Section on 05/02/2017